Last Updated: 2024-11-06
Intellectual Property and Copyright
Upon full payment of the project, the following rights pertain to the produced website:
Ownership Rights: The final website, in its entirety, including designs, code, and any created content, will be the sole property of the Client. WavePoint Media acknowledges that the website is a work made for hire for the Client, and as such, the Client possesses all rights, titles, and interest in the website.
Usage Rights: WavePoint Media retains the right to showcase the completed website in its portfolio, marketing materials, or other professional galleries for promotional purposes. The Client retains full rights to use, reproduce, display, and distribute the website as they see fit. WavePoint Media retains the right to add “Developed by WavePoint Media” to the footer of the Client’s website in a small font matching the rest of the website, with a link to WavePoint Media’s homepage.
Liability and Insurance
Liability: WavePoint Media will not be held responsible for any losses incurred due to the malfunction of the website or any other services provided under this contract. This includes, but is not limited to, loss of data, loss of revenue, or any third-party claims.
Insurance: It's recommended that the Client maintains an appropriate insurance policy for any losses or damages that might arise from website malfunctions, cyber-attacks, or other related issues.
Indemnification: The Client agrees to indemnify and hold harmless WavePoint Media against any and all claims, costs, and expenses, including legal fees, arising out of the content, operation, or maintenance of the website. WavePoint Media agrees to indemnify and hold harmless the Client against any and all claims, costs, and expenses, including legal fees, arising out of the services provided by WavePoint Media that are not explicitly covered under this contract.
Force Majeure: Neither party shall be held liable for a delay or failure in performance of the agreement for services caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, wars, civil disturbances, labor disputes, government actions, interruptions of power or telecommunications services, or the inability to obtain necessary supplies. In the event of a delay due to any of the above causes, the parties will establish an adjusted timeline and communicate any new deadlines. If the delay persists beyond a period of 30 days, either party has the right to terminate the agreement without penalty, subject to compensation for work already completed.
Termination
By the Client: The Client may terminate this agreement at any point by providing WavePoint Media with a 30-day written notice. In such a case, the Client will be billed for all work completed up to the date of termination, and any initial deposit will be non-refundable.
By WavePoint Media: WavePoint Media has the right to terminate this agreement if the Client fails to comply with any provisions of this contract, including delayed payments, with a 14 written notice. Upon termination for this reason, all payments made to date will be non-refundable.
Effects of Termination: Upon termination of this agreement, all rights and duties of both parties, with respect to the project, will cease, except for the rights of action accruing prior to termination and any obligations already specified and lasting beyond termination. The Client has 14 days upon termination to request a code export from WavePoint Media, after which the website will be erased.
Governing Law and Jurisdiction
This contract shall be governed by the laws of British Columbia, Canada. Both parties consent to the exclusive jurisdiction and venue of the courts in Vancouver, British Columbia, Canada for all disputes arising out of or relating to the execution, interpretation, performance, or breach of this agreement. Both parties agree that any controversies or claims shall be resolved in a court of competent jurisdiction within the aforementioned region, and both parties hereby consent to the jurisdiction of such courts.
Confidentiality
Both the Client and WavePoint Media recognize and acknowledge that, in the course of fulfilling this contract, each may obtain confidential information about the other. Such information includes, but is not limited to, business operations, strategies, client lists, financial data, and other proprietary knowledge. Both parties agree to treat all such information, both oral and written, as strictly confidential during the tenure of this contract and for a period of two years after the termination of this contract. Neither party shall, without the written consent of the other, disclose, share, or make use of any of the aforementioned confidential information, except for the purposes of fulfilling the obligations of this contract. Any documents, notes, digital files, or other items that encompass or reveal any of this confidential information, which are in the possession of either party in relation to the contract's execution, must be returned or destroyed upon the contract's conclusion or termination.
Budget and Payment
WavePoint Media reserves the right to increase or decrease monthly prices in line with Canada’s inflation rate (once per year), service level changes and any cost changes underlying the provided services (e.g. Web Hosting for the Client’s website, domain pricing).The Client retains the right to prepay any number of months up to one year (12 months).
Change Orders: Additional costs incurred due to Change Orders will be billed separately and are not included in the original contract amount. The payment terms for these additional costs will be billed at $95 per hour of work, with a minimum of one hour per Change Order.
Late Payments: Late payments will incur a 5% late fee for every 7 days of delay.
Payment Methods: WavePoint Media will accept payment via Square invoice (Credit Card) or through Interac E-Transfer sent to info@wavepointmedia.com.